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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Hello Sorry but this is a generic answer while is...
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
to terminate the indefinite employment contract and not to continue working during the notice period, the following information are important:
According to the UAE Labor Law, a worker who wants to terminate an indefinite employment contract shall perform work for at least one month or as stipulated in the employment contract. If the worker does not perform the work within the notice period, a compensation shall be paid to the employer a warning allowance which is equivalent to the worker's salary called for the notice period.
In the event of a difference between two copies of the contract, the copy written in Arabic and deposited with DMCC must be adhered to
That is, you can hold that the notice period is one month
Here are the texts of the UAE Labor Law related to your inquiry:
Article (117):
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
• One week: if the worker has been employed for more than six months but less than one year.
• Two weeks: if the worker has been employed for not less than one year.
One month: if the worker has been employed for not less than five year
Article (118):
A contract shall subsist throughout the notice period referred to in the preceding article and shall terminate only on expiry of that period. The worker shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage, and shall continue to perform his duties during that period if the employer so requests. The Parties may not agree to waive the notice requirement or to reduce the notice period; however, they may agree to extend the period
Article (119):
If either the employer or the worker reduces the period of, or fails to serve a notice of termination on the other, the forbearing party shall pay the other a “compensation in lieu of notice”, irrespective of whether or not the other party has sustained damage as a result of such failure or short notice. The said compensation shall be equal to the worker's wage in respect of the entire or reduced period of notice. Compensation in lieu of notice shall be calculated on the basis of the last wage received, in the case of monthly, weekly, daily and hourly paid workers, and on the basis of the average daily wage referred to in Article 57 of this Law in the case of those paid on piecemeal.
الرد من العميل
Hello I have signed a contract back in 2010 with my company in Europe as a “transfer where my work contract in france Is on hold during the time I service overseas ) The transfer is between the HQ and their office in DMCC Dubai. However in the contract signed with the HQ in English language only, it shows a notice period Of 3 months and that in case of conflict the legislation applicable to rule, would be the one in france. In All the DMCC contacts I have signed over the past 12 years both English and Arabic it shows a notice period of 1 month only. Which notice period should I consider I can of resignation please
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Article 2
The Arabic language is the language that must be used in relation to all records, contracts, files, statements, and other things stipulated in this law or in any decision or regulation issued in implementation of its provisions. The Arabic language is also obligatory in the instructions and circulars issued by the employer to his workers. In the event that the employer uses a foreign language in addition to the Arabic language, the Arabic text shall be considered the approved text.
On this basis, we advised you in all our previous responses to adhere to the application of the copy of the work contract written in Arabic and a copy of which is deposited with the Dubai Commodities Center
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Moheb Hassan
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الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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